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HomeMy WebLinkAboutResolution_BPW_12-20-23-04RESOLUTION NO. BPW 12-20-23-04 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 12/20/2023 20th 12/20/2023 December 12/20/2023 12/20/2023 CzTfshfzHsfdivlijobu22;48bn-Efd17-3134 DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 an audit or review by an independent Certified Public Accountant of funds at the City’srequest, and shall make all books, accounting records, and other documents available at all reasonable times during the term of this Grant Agreement, and for a period of three (3) years after final payment of funds from the City for the purpose of an audit requested by the City, the State of Indiana, or their designees. 6. Year-end review. Grantee agrees to provide the City ayear-end report (“Year End Report”), describing how the grant was used and the impact of the dollars received. 7. Indemnification. Grantee agrees to indemnify, defend and hold harmless the City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Grantee, Sustainability Senior Manager, and/or of any of Grantee’sagents, officers, employees, contractors or subcontractors in the performance of this Grant Agreement. These indemnification obligations shall survive the termination of this Grant Agreement. 8. Nondiscrimination. Grantee represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and the City prohibiting discrimination against any employee, applicant for employment or other person with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status 9. Employment Eligibility Verification. The Grantee affirms under the penalties of perjury that he/she/itdoes not knowingly employ any unauthorized aliens. The Grantee affirms under the penalties of perjury that it has enrolled and is participating in the E-Verify program as defined in Indiana Code § 22-5-1.7-3. The Grantee agrees to provide documentation to the City that he/she/it has enrolled and is participating in the E-Verify program. The City may terminate for default if the Grantee fails to cure a breach of this provision no later than thirty (30) days after being notified by the State. 10. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, it waives its right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. Page 2of4 DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 11. Severability. If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order, or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provision of this Agreement shall remain in full force and effect. 12. Entire Agreement. This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Grantee and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. 13. Authority to Execute. The Parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 14. Continuation. Grantee agrees any grants awarded in any year shall be subject to the terms of this Agreement. 15. Insurance. Grantee agrees to purchase liability insurance with standard terms and City agrees that its insurance provides certain coverage for events held on City property. Signature page to follow. Page 3of4 DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 Exhibit A GRANT COLLABORATION REQUEST City of Carmel Hamilton County Tourism, Inc. Overview The City of Carmel is embarking on creation of a climate resiliency plan and has been, for years, exploring ways to support an environmentally more sustainable community through its work with roundabouts, improving routes for cyclists, encouraging density over sprawl, and through other innovative and internationally recognized means. Hamilton County Tourism has supported development of the White River Vision Plan WRVP) and has served as its manager as it has sought a “home” in which to reside. The Central Indiana Regional Development Authority (CIRDA) has authorized implementation of a White River Technical Committee that will support the WRVP in Marion, Hamilton and Madison Counties (grant funding dependent to add to the plan). The technical committee will include a representative from the City of Carmel as well as Hamilton County Tourism, Inc. and will seek ways to encourage sustainable opportunities for access and positive environmental impacts on the river. In addition, Hamilton County Tourism is beginning implementation of a regenerative tourism, or destination stewardship program, to give back to the communities that help produce such a vibrant tourism economy. This includes supporting cultural, environmental, and quality of place (people, planet, place) initiatives such as this. Project Scope Hamilton County Tourism, Inc. requests a two-year collaboration grant with the City of Carmel to employ a Sustainability Senior Manager through 2024. This grant will be matched by a grant from the Nina Mason Pulliam Charitable Trust’s White River partnership grant program and Hamilton County Tourism. The request is for $25,000 in 2023 and $50,000 in 2024. As part of the work with the White River Vision Plan, a portion of this full-time individual’s work would be focused on Carmel’s portion of the White River as it works with Conner Prairie, the Carmel Clay Parks Department, and the Hamilton County Parks Department on implantation of the South River District plans. In addition, as part of the scope of grant HAMILTON COUNTY TOURISM, INC. 37 E MAIN STREET CARMEL, INDIANA 46032 P 317 848 3181 / 800 776 8687 W VISITHAMILTONCOUNTY.COM DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 work, the individual hired is an expert on sustainability and climate resilience issues and can be engaged to support Carmel’s work in this area as a pilot demonstration project for other communities in the county. Reporting and Key Performance Indicators A report on work accomplished will be provided to the City of Carmel bi-monthly. After year one, a meeting to determine what is working and what might need changing will be held and a plan of action for year two developed collaboratively. Summary It is with great appreciation that Hamilton County Tourism makes this request to the City of Carmel and with much optimism that this unique partnership will create meaningful and long-lasting initiatives that will continue to make our community a great place to live, work and visit. Submitted by: Brenda Myers, President/CEO Hamilton County Tourism 37 E. Main Street Carmel, IN 46032 bmyers@hamiltoncountytourism.com HAMILTON COUNTY TOURISM, INC. 37 E MAIN STREET CARMEL, INDIANA 46032 P 317 848 3181 / 800 776 8687 W VISITHAMILTONCOUNTY.COM DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 11/21/2023 HAMILTON COUNTY TOURISM INC CARMEL, IN 46032 - 110326 37 EAST MAIN ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION White River Vision Plan Dept of Community Service 1 Civic Square Carmel, IN 46032- 368621 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 82575 1192Department:101Fund:General Fund 43-509.00Account: Sustainability PlanningGrant1 $50,000.00 $50,000.00Each 50,000.00SubTotal 50,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110326 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh James Crider Director Director of Administration DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38